How Can I Apply For A Promotion After Taking Medical Leave?
When an employer fails to accommodate your illness or disability, you can hold that employer responsible for discrimination. Your employer must also accommodate you upon your return by assisting you in finding a new position. You have important legal rights following a medical or disability leave of absence.
When your rights are violated, contact our California law office, Bononi Law Group, LLP. Our experienced employment law attorneys have represented hundreds of clients in discrimination and wrongful termination or retaliation claims. Call our law firm at 213-550-5503.
What Are My Rights To A New Job After Medical Leave?
Going out on medical leave doesn’t give you greater protection if your industry or employer experiences a reduction in the workforce. In that case, you may still be laid off because medical or disability leave doesn’t save your job.
However, the distinction is that your employer must provide reasonable accommodation upon your return if the business has not undergone a reduction in the workforce. Assuming that your employer didn’t lay off employees, you have a right to reasonable accommodation in applying for new positions that accommodate your illness, injury or disability.
An important California case, Jensen v. Wells Fargo Bank, was heard before the California Appeals Court in 2000. The court held that an employer must make an active effort to assist in the reassignment process. If your employer doesn’t help you find a position that offers you accommodation for your illness, injury or disability and there are available positions that meet your needs, you may have an employment law claim against your employer.
After Medical Leave Discrimination, Contact Our Law Firm
At Bononi Law Group, LLP, we advocate aggressively for our clients’ rights. We are passionate about pursuing legal action against California employers that fail to follow important legal protections offered to employees.
If your employer doesn’t actively help you find a position that accommodates your medical issue or disability, contact our Pasadena law firm or call 213-550-5503 to speak to our skilled Pasadena medical leave discrimination attorneys.